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Sources of Law
Sources & History of the Law•Law has many definitions, including a “body of rules to which people must conform their conduct,” “a form of social control” and “a set of rules used by judges in deciding disputes”•The common denominator in all of these definitions is that law consists of rules that require people to meet certain standards of conduct and are enforceable in court.
Sources & History of the LawSources of “The Law” ?–“Custom and policies . . . enforced by judicial decision” ?This is generally referred to as “Common Law” (or Case Law)–“legislation” - This includes laws enacted by some legislative body–The United States Constitution–Federal Statutes–State Statutes–Local Ordinances–Regulations – Federal, State, or local
Sources of LawConstitutional Law•This the law that embodies the United States Constitution. It prescribes the organization of the federal government, including the executive, legislative, and judicial branches, and defines the powers of the federal government•As a result, the federal government’s authority is limited to the delegated powers, which are those powers expressly allocated to the federal government in the constitution•Included is the development of a system of money and regulations of interstate commerce,which is business affecting more than one state, as opposed to business done between two parties in the same state
Statutory Law•Statutory law is promulgated by the legislature and generally agreed to by the executive (mayor or governor)•Legislatorsare lawmakers elected to office by the citizenry•When federal or state legislators adopt a law, it is called a ______________•When local legislators adopt a law, it is often called an ______________Sources of Law